Please see the Notice from Mr. Marcel Mongeon, the Court-Appointed Technical Expert for the ICC 2019 AGM and 2019 Election
NOTICE REGARDING DIRECTOR CANDIDATE ELIGIBILITY AND NOMINATION AT THE 2019 ELECTION
Dear ICC Members,
Further to previous communications, we would like to update the members of the organization on the motion brought against the ICC and its Board of Directors.
We confirm that the Motion brought by the Applicants Babak Payami, Shayan Moin, Kamnoosh Shahabi, and Mehrdokht Hadi ("Payami et al.") was heard earlier this week on November 2, 2020, before the Honourable Justice Cavanagh.
Please note that His Honour decided to dismiss the Motion.
Click this link to read the full decision of Justice Cavanagh (the “Order”).
Further to the notice sent out earlier this week, a clarification is being provided:
On October 27th, 2020, a case conference was held before The Honourable Justice Hainey, the judge who has been case-managing the matter between ICC and the Applicants (Payami et al) since September 9, 2019. Present at the case conference were Atoosa Mahdavian, counsel for the Applicants, Dan Fridmar, counsel for ICC, Mitchel Wine, counsel representing the 8 Directors and Marvin Huberman, the Court-Appointed Monitor.
The purpose of the case conference was for ICC Counsel to request an adjournment of the Applicants’ Motion scheduled for November 2, 2020 for, among other things, an order removing the Board, an order restraining the ICC from holding the Special General Meetings (SGM) and other relief as set out in the motion materials.
The request by ICC for the adjournment of the Motion was denied.
Justice Hainey further directed that the SGM called by the ICC Board for November 1, 2020 and the SGM called by certain members for October 31, 2020 shall not proceed.
Further decisions and arguments with respect to the Motion will be heard on November 2, 2020 before Justice Cavanaugh and the decisions will be communicated to the ICC membership accordingly.
Dear ICC Members,
As mentioned in our previous communications, the ICC Board was requisitioned by a petition from approximately 230 members to hold an SGM as soon as possible. The petition specifically referred to a hearing on November 2nd and stated that the members signing the SGM requisition would like their voices to be heard before this hearing. In order to fulfil our duty under Section 295 of the Corporations Act and to provide members the opportunity to voice their opinions on the direction of the organization, the Board decided to hold the Member-requisitioned SGM for October 31st, 2020.
Yesterday, on October 27th, 2020, in a case conference Justice Hainey instructed the ICC board to postpone the SGM until after a motion(supplementary motion material here) brought by applicants Babak Payami, Kamnoosh Shahabi, Mehrdokht Hadi, and Shayan Moin ("Payami et al.") scheduled November 2nd, 2020 is heard. The Honorable Judge stated that this instruction is to preserve the status quo before the scheduled hearing on November 2nd.
The Board therefore has no choice but to postpone the SGM called by members until after November 2nd, 2020. The same instructions also apply to the SGM called by the board which was scheduled for November 1st, 2020.
The ICC Board continues to be committed to allowing the membership to have their say on the organization’s affairs and fulfil its legal obligations to members’ requisitions. As such, we encourage all members to stay tuned for further updates on when this SGM will be held.
Furthermore, the board is happy to announce that it has both raised enough money to carry forward the AGM and has renegotiated its debt to the legal firm Gardiner Roberts and that the adjusted debt to this legal firm is reduced from approximately $42,000 to $10,000 with a reasonable payment schedule. We look forward to your continued help and ask you to donate using this link.
Board of Directors
Iranian Canadian Congress
Dear ICC Members,
As you know, the ICC has called a member-requisitioned SGM for October 31st, 2020, beginning at 4pm.
In order to ensure that members' attendance, proxies, and voting all proceed smoothly, we are putting into place deadlines for members to register and designate proxies, both of which are midnight on October 30th:
In order for you to attend and vote at the SGM personally, you must register using this link before midnight on October 30th.
If you cannot attend the meeting but want to designate a proxy, you must also register your proxy by emailing your name, the name of your proxy holder, and your membership status to firstname.lastname@example.org before midnight on October 30th. Please include the phrase "SGM Proxy" in the subject of your email.
We remind all members that in order to participate at the SGM, you must register yourself or your proxy before the deadline. We therefore encourage all members to register either of these as soon as possible, and to email email@example.com if their situation changes (e.g. if they have designated a proxy and would like to attend in person, or vice versa) also before the deadline.
Further, if you want to introduce a motion at the SGM, please send the text of your motion to firstname.lastname@example.org before Noon on October 31st, 2020.
Board Called SGM (November 1st, not to be confused with Member-Requisitioned SGM)
Further to our previous communications, the Iranian Canadian Congress will also be holding a Special General Meeting, called by the Board of Directors, on November 1st, 2020, starting at 4PM.
In order to attend and vote at this meeting, please register using this link as soon as possible. For security purposes, only those members in good standing who register using this link on the Eventbrite platform will receive the video conferencing link and voting information.
If you wish to designate a proxy holder for this meeting, please email email@example.com with your intention to do so, along with your name and membership status and the name(s) of the individual(s) you wish to designate as your proxy before Midnight on October 31st, 2020. Please include the phrase "Board SGM Proxy" in the subject of your email.
Please note that receiving this email does not necessarily mean that you are a member in good standing of the ICC. If you want to confirm your membership status, please email firstname.lastname@example.org
Board of Directors,
Iranian Canadian Congress